landlord's letters sample chapter - lawpack - legal forms online

‘Ordinary landlords who do their own paperwork can look forward to amore fruitful relationship with tenants thanks to the book Landlord's Letters,which aims to help landlords by providing ready-drafted letters for dealingwith the usual lettings niggles.’ The Times

£12.99 B652

www.lawpack.co.uk1005759

PROPERTY

Ad

am C

hu

rch

Landlord’s LettersMany of the problems that arisebetween landlords and theirtenants can be put down to auniversal human failing: lack ofcommunication.

Misunderstandings overcontractual rights and obligations,for example relating to propertyinspection and repairs, can resultin situations and incidents thatproduce at best a state of ill-feeling on both sides and at worstthe breakdown of therelationship. Letting a tenantknow in advance about mattersaffecting the property and thetenancy can diffuse tension fromthe start. This book can help. Itcontains ready-drafted letters for

dealing with commonly-occurringletting situations. Guidance onwhen to use each letter and theprocedures to follow are included,along with tips and backgroundlegal information.

More than 80 template lettersincluded for:

• Vetting your tenant• Gaining access• Rent arrears• Responding to your tenant’s

requests• Complaints and breach of

tenancy• Handling notices• Check-out and deposit return,

including using tenancy depositschemes

LAN

DLO

RD

’S LETTER

S

‘An indispensable and easy-to-use reference tool for landlords...’National Landlords Association

The author: Adam Church works inproperty management services and hasqualifications from the Guild of Letting andManagement and the Association ofResidential Letting Agents.

01 B652 2010 Cover.QXP 11/5/10 13:51

Landlord’s Lettersby Adam Church

1st edition 2005Reprinted 2006

2nd edition 20073rd edition 2010

© 2010 Lawpack Publishing

Lawpack Publishing Limited76–89 Alscot RoadLondon SE1 3AW

www.lawpack.co.uk

All rights reservedPrinted in Great Britain

ISBN: 978-1-906971-78-6

Exclusion of Liability and Disclaimer

Whilst every effort has been made to ensure that this Lawpack publicationprovides accurate and expert guidance, it is impossible to predict all thecircumstances in which it may be used. Accordingly, neither the publisher,author, retailer, nor any other suppliers shall be liable to any person orentity with respect to any loss or damage caused or alleged to be caused bythe information contained in or omitted from this Lawpack publication.

For convenience (and for no other reason) ‘him’, ‘he’ and ‘his’ have beenused throughout and should be read to include ‘her’, ‘she’ and ‘her’.

This is an excerpt from Lawpack’s book Landlord’s Letters.

To get more template landlord letters and advice, click here.

http://www.lawpack.co.uk/Property/LandlordAndTenancy/product715.asp?source=B652SC&utm_source=B652SC&utm_medium=sample

Contents

About the author vi

Introduction vii

1 Vetting your tenant 1The application form 2

Previous landlord 2Employer 2Financial status and history 3Personal/character 3

Accepting an applicant subject to conditions 5 Considering an applicant 5Preparing for the tenancy 6The check-in 6

Collecting money 7Tenancy deposit protection 8Welcome to your new home 8

2 Gaining access 27Arranging a general visit 28

Routine visits 28Viewings 29Contractors 29

Access for maintenance/repairs 30Gas safety inspections 31

Protect yourself 32Emergencies 33

3 Rent arrears 49Stay calm! 49Keeping track 49The arrears procedure 50

02 B652 Prelims.qxp 11/5/10 13:27 Page iii

iv | Landlord’s Letters

Day 1 50Day 7 50Day 14 50Day 21 51Two months overdue 51

Next steps 52Protect yourself 52

4 Responding to your tenant’s requests 59Decorating 60‘If it ain’t broke...!’ 61Installing a satellite dish or cable television 62

Head lease and covenants 63Pets 64

The problems associated with pets 64Changing the locks 66

5 Complaints and breach of tenancy 77Talk to your tenant 77Noise complaints 78Gardens 80Satellite dishes 81Property damage 81

Exterior damage 82Internal damage 82

Threatening or antisocial behaviour 83Smoking 84Pets 84Vehicles 85Unauthorised occupiers 86Repairs 87Changing locks 89

6 Handling notices 107Notice to terminate a tenancy 107

First steps 107A satisfactory offer to terminate the tenancy 108

02 B652 Prelims.qxp 11/5/10 13:27 Page iv

Contents | v

An unsatisfactory offer to terminate the tenancy 109Insufficient notice period 109Tenancy still in fixed term 109Joint tenancies 110

Change of tenants 111Replacement tenants 111No replacement tenants 112

Breaking the tenancy 112Abandonment 114

Alternatively... 115

7 Check-out and deposit return 131Tenancy deposit procedure 131The check-out procedure 133The Check-Out Report 135Making deductions 136Chasing acceptance of the claim 138Dispute 138Acceptance of the claim 139Continued dispute 139

8 Utility letters 155Electricity and gas 155Council Tax 156Water and sewerage 157

9 Directory 163

Index 171

02 B652 Prelims.qxp 11/5/10 13:27 Page v

Handling notices | 107

CHAPTER 6

Handling notices

The nature of the lettings business is that tenants will come and go withsome frequency. Sometimes landlords are lucky enough to have tenantsthat stay in their properties for a number of years, but, at some pointduring the term of the tenancy, your tenant will decide to vacate theproperty and will serve you notice to terminate the tenancy.

This chapter deals with how you should approach the receipt of notices toterminate from your tenant and what to do if the notice is unacceptablefor any reason. Also, you will find out how mutually to agree to surrendera tenancy and what to do if you think your tenant has abandoned theproperty.

Notice to terminate a tenancy

In order to give you notice successfully to vacate a property, your tenantmust fulfil certain obligations in order to satisfy the terms of theagreement. Some of these terms will be different for each type of tenancyand you should check your agreement to find out the terms that arerelevant in your case.

First steps

When you receive a notice offering to terminate the property from yourtenant you should check a few things before responding:

08 B652 Chapter 6.qxp 11/5/10 13:39 Page 107

108 | Landlord’s Letters

• Has the tenant told you the exact date he wishes to vacate?

• Has the tenant given you the proper notice period?

• Is the tenant still held under a fixed-term contract that doesn’t allowtermination of the tenancy for some time?

• Have all tenants given you notice and signed the notice letter?

By answering the above questions you will be able to establish a responseto your tenant which will inform him of the next steps involved.

Note

If your tenant is held on an Assured Shorthold Tenancy Agreement, hemay have rights to vacate the property on the last day of the fixed termwithout offering you any notice. Make sure that you keep in touch withyour tenant towards the final couple of months of his agreement sothat you know whether he intends to leave or not, thus giving you thechance to plan ahead.

A satisfactory offer to terminate the tenancy

If you receive a notice to terminate the property from your tenant whichfulfils all of the necessary criteria, you should write to your tenant toconfirm what date the final day of the tenancy will be and to advise thatyou are likely to require access to the property to carry out viewings.

NOTICE RECEIVED CONFIRMING TENANT’S MOVE-OUT DATE (6.1)

From this point you will need to arrange a check-out with the tenant onthe final day that will allow you to go through the Inventory and Scheduleof Condition to determine the return of the tenant’s deposit.

In order to help the tenant to fulfil the criteria required when moving outof your property and to ensure that there are no claims against his deposit,it’s useful to give the tenant clear guidelines, stating what is expected ofhim on the day of the check-out.

GUIDANCE NOTES FOR TENANTS VACATING A PROPERTY (6.2)



Note

You cannot ask the tenant to leave the property in a better condition thanwhen he moved in and your tenant is not liable for fair wear and tear thatmay have occurred during the tenancy.When asking your tenant to carryout tasks detailed in the Guidance Notes you should always consider thestandard of the property at the time the tenant took occupancy and beaware that the tenant is not obliged to improve the property.

By sending this information to the tenant you are ensuring that there isn’tany confusion over the tenant’s duties and you are much more likely to getthe property back in a condition which is ready for reletting.

An unsatisfactory offer to terminate the tenancy

In some instances you may find that the notice offering to terminate theproperty that you have received from your tenant doesn’t fulfil all of theobligations as stated in the tenancy agreement.

You should identify where the tenant has failed to meet the relevantcriteria and respond accordingly.

Insufficient notice period

If your tenant hasn’t given the proper notice period, write to himinforming him of this and telling him that he can vacate on the datespecified but that he will be responsible for rent up to the end of the noticeperiod he should have given. Tell him that unless he lets you know to thecontrary you will assume that he still wishes to vacate on the date specifiedand will be responsible for the rent to the end of the proper notice period.

INSUFFICIENT NOTICE PERIOD GIVEN (6.3)

Tenancy still in fixed term

Some tenancy agreements contain clauses that allow landlords and tenantsto give notice to each other during the period of the fixed term. Usually



referred to as ‘break clauses’, they are often found in agreements that havehad a tenant in occupation for some time and are designed to giveflexibility to both parties.

If the agreement doesn’t contain a break clause and your tenant wishes tosurrender the tenancy during the fixed term of the agreement, normallyyou won’t wish to agree to it. However, under the law there should be somemechanism to allow the tenant to be released from his obligations beforethe end of the tenancy agreement so long as your rights are not affected,and unless you provide one the tenant may be entitled to assign thetenancy to another tenant. You will not want this, so it’s best to permit thetenant to end the tenancy early if he can find a suitable alternative tenant.

You should therefore write to the tenant telling him that you don’t consentto him ending the agreement early, unless he is able to find a suitablereplacement tenant, who must pass your referencing procedure.

NOTICE RECEIVED BUT DATE UNACCEPTABLE DUE TO FIXED TERM(6.4)

Joint tenancies

Where you have two or more tenants signed up to the same tenancyagreement, all occupants must be considered as a single unit, i.e. ‘joint andseverally liable’. This means that if either party wishes to vacate theproperty, they must all offer notice to terminate concurrently.

You may, however, decide to be flexible with the tenants if:

• they find a new tenant to replace the outgoing one and sign a newfixed-term contract; or

• the remaining tenant is willing to take the tenancy on in his nameonly.

If you receive a notice from one of the tenants in the property that informsyou of his wish to terminate occupancy, you must respond to all of thetenants informing them of the above conditions under which the noticecan be accepted.

INDIVIDUAL NOTICE ON A JOINT TENANCY (6.5)



Although it’s unlikely, you may be unable to accept notice under the aboveconditions and you may require all the tenants to give you notice toterminate the property and vacate at the same time. You must inform themin writing of your position so they will be able to make the necessaryarrangements. You need to make it clear that they are all liable for thewhole of the rent until you have received the property back with vacantpossession.

ALL TENANTS MUST GIVE NOTICE AND VACATE (6.6)

Change of tenants

If you’re willing to allow your tenants the option of replacing outgoingtenants or taking the tenancy on in the remaining tenants’ names only, it’sadvisable that you re-reference the tenants. If you do allow a changeover,it’s best to set out the terms clearly for this to take place and supply yourtenants with the necessary tools to complete the changeover.

Replacement tenants

Find out the name of the person your tenants want to move into theproperty and send a letter to all existing tenants advising them that you areaware that they wish to make a change to the names on the tenancyagreement.

CHANGE OF TENANT/S WITH REPLACEMENT/S (6.7)

Remember to include with this letter enough Tenancy Application Formsfor all tenants to complete and sign as you will need to reference everytenant again before a new tenancy agreement can be signed.

You should also send with the above information a form which detailswhat the tenants must do to satisfy the terms of this transaction. This formalso states what will happen with the outgoing tenant’s deposit money, andmust be signed and dated by all new and existing tenants and returned toyou immediately.

CHANGE OF TENANT/S FORM WITH REPLACEMENT/S (6.8)



No replacement tenants

Sometimes a tenant will wish to leave the property and those who want toremain will request permission to take the tenancy on in their nameswithout the need for finding any replacements.

This is often a simpler transaction, as all you need to do is have all partiesto be in agreement with the proposed changeover and re-reference theremaining tenants.

Write to all your existing tenants confirming the planned changes to thosenamed on the agreement and enclose the necessary Tenancy ApplicationForms.

You need to make it clear that the outgoing tenant will remain liable forthe rent until a new tenancy agreement has been signed by the remainingtenants.

CHANGE OF TENANT/S WITHOUT REPLACEMENT/S (6.9)

Also enclose with the above the necessary form which details what willhappen to the outgoing tenant’s deposit and the terms for the transactionto take place successfully. This must be signed by all of the tenants andreturned immediately.

CHANGE OF TENANT/S FORM WITHOUT REPLACEMENT/S (6.10)

Note

Always re-reference your tenants (and guarantors) before the start of anew tenancy agreement. If the financial situation of the tenant changesduring the course of his existing tenancy, this might affect your decisionto offer him a new contract. Remember that tenants can lose their jobsor run up debts whilst they are living at your property and if you offer anew tenancy agreement to somebody who is unable to pay the rent,you risk serious financial loss.

Breaking the tenancy

There are times where it’s convenient for both parties to agree to terminatethe tenancy agreement outside of the terms set out in the contract and it’s

08 B652 Chapter 6.qxp 11/5/10 13:39 2


possible for a landlord and tenant mutually to agree for this to take placeby arrangement.

The most common reason for mutually terminating a tenancy agreementis where the landlord is selling the property and the tenant has foundsomewhere else to go. Alternatively, it might be your tenant who is buyinga property and you have a new applicant willing to replace him quickly.

It’s important that you and your tenant sign a document to state yourintentions to agree to terminate the current tenancy and to release eachother from any further obligations stated in the contract.

MUTUAL RELEASE OF TENANCY (6.11)

Tip

Don’t commit to mutually terminating the tenancy until you havesecured everything you need to facilitate a beneficial changeover. If youhave to replace an outgoing tenant, make sure that all the paperwork issigned and that the replacement tenant is ready to move in.

Note

Always have a witness who can confirm what you have agreed. Awitness should be present at all discussions and formal meetingsregarding this matter and should be asked to sign and date alldocuments pertaining to the mutual release of a tenancy.

Tip

Notwithstanding any agreement reached with the tenant, youshouldn’t sign any binding documentation regarding the sale of theproperty until you have vacant possession because if the tenant breakshis agreement and fails to vacate, this would put you in breach ofcontract with the purchaser and potentially liable for damages forbreach of contract. It may not be possible practically to recover thisfrom the tenant.



Abandonment

Although it’s quite uncommon, tenants will sometimes vacate yourproperty without giving you any notice or returning the keys to you ortelling you where they have gone. This is known as ‘abandonment’.

Unfortunately, a tenant who has abandoned your property is likely to haveother ongoing issues with you and the terms of his tenancy. In manycircumstances a tenant will have rent arrears, may be facing courtproceedings against him in respect of financial claims or could havecaused damage to your property which he cannot repair.

If you have been trying to contact your tenant in writing, by telephoneand/or by email for whatever reason and you have received no reply, this isan indication that the tenant is either ignoring you or is no longercontactable with the details that you have on file. You should arrange to goto the property to carry out a routine visit to see if the tenant is still inoccupation.

Note

Don’t assume that you can visit the property without giving the propernotice in writing to your tenant. Although you may be anxious to checkon the status of the tenant, you must not breach the terms of thetenancy agreement and your tenant’s rights regarding access.

When you visit the property there are number of things to look out forthat could indicate your tenant has abandoned and may give you a clue asto the last time he was in the property:

• Unopened mail piling up behind the door or in the letterbox

• Keys left behind

• Demands for payment of outstanding invoices

• Out-of-date food in the fridge

• No clothing in the wardrobes

• Old newspapers



Tip

Always take somebody with you who can independently witness thecondition of the property and your findings. Complete a Property VisitReport and ask the witness to read and sign it at the property.

If at this stage you suspect your tenant to have abandoned the property, itis advisable that you should make an application to the court forpossession or instruct a solicitor to act on your behalf.

Alternatively…

If it’s absolutely clear that the tenant has vacated the property, i.e. he hasremoved all personal items and left behind his keys, you may considerposting a Notice of Abandonment to the main access points of theproperty, which confirms your status as owner of the property anddeclares your intent to reclaim possession within the stated timeframe(usually 14 days from the date of the notice) unless the tenant contacts youto advise otherwise. If you have a justified fear that the property isn’tsecure, you can fit a new lock, but you must state in the notice where thetenant will be able to get the keys and under no circumstances should yourefuse your tenant re-entry.

NOTICE OF ABANDONMENT (6.12)

Beware!

It’s possible that your tenant may have taken an extended holiday or hecould be in hospital or in prison and be unable to make contact withyou. In any of these instances it’s unreasonable for you to retakepossession. You should only consider using a Notice of Abandonmentwhen you are absolutely sure that the tenant has left the property andis not going to return. The Notice of Abandonment isn’t a legaldocument and is not supported by any legal framework. If you takepossession of a property which hasn’t been abandoned, your tenantmay be able to make a civil claim against you to take back possessionof the property. The tenant may also include a claim for financialdamages in respect of breach of contract and in some cases you could



face criminal prosecution from the local authority for an offence underthe Protection from Eviction Act 1977.

If you’re considering posting a Notice of Abandonment, you shouldassess the risks in each case. Making a claim for possession through thecourts may take longer, but if the property is repossessed by bailiffs afteryou have obtained an order for possession, then you are well protectedagainst any claims. If in doubt, seek advice from a solicitor qualified inlandlord and tenant law.

Don’t forget...

Notices displayed in easy view of the public which state that yourproperty is empty could be an advertisement for squatters! This isobviously less likely for an apartment within a secure building or a roomin a shared house, but you should strongly consider this risk if youdecide to post a Notice of Abandonment.



6.1 NOTICE RECEIVED CONFIRMING TENANT’S MOVE-OUT DATE

A. Landlord76–89 Alscot Road, London SE1 2EA

020 7394 4040

A. Tenant10 Alscot Road, London SE1 3EJ

Date: 1 March 2010

Dear A. Tenant

Re: 10 Alscot Road, London SE1 3EJ

I am writing to confirm that your offer of Notice in respect of the above-named property has been received and your final date of occupancy will beas follows:

31 May 2010

I have enclosed a set of ‘Guidance Notes for Tenants Vacating a Property’ toassist you in completing the required procedure and kindly request that youcontact me at your earliest convenience to arrange a time to complete acheck-out with you on the day.

I may require access to your property in order to carry out viewings withprospective new tenants and I will contact you in advance with anyappointments.

I look forward to hearing from you.

Yours sincerely

Landlord: A. Landlord



6.2 GUIDANCE NOTES FOR TENANTS VACATING A PROPERTY

These notes have been designed to assist you when handing your propertyback to the landlord at the check-out appointment.

In order to protect your deposit against claims being made, it’s advisable thatyou read these guidelines and take the appropriate action.

If you have any questions regarding the check-out or you require a duplicatecopy of your inventory, please contact your landlord immediately.

• Ensure that the property has been left in a good, clean conditionthroughout and all of your personal items have been completelyremoved.

• All items should be returned to exactly the same position as they arelisted on your Inventory.

• All windows, mirrors and glass items should be cleaned and polished.

• All woodwork, skirting, dado rails, picture rails, frames, shelving andcabinets, etc. should be cleaned and polished.

• All soft furnishings, such as carpets, curtains, rugs, bed linen, towels,throws and mattresses, etc. should be laundered/washed free of stains,ironed (where applicable) and left clean.

• All walls and ceilings should be dusted, wiped over (where necessary)and free of excessive wear.

• All kitchen appliances, including cookers, hobs, microwave ovens,toasters, washing machines, tumble dryers, etc. should be cleaned free ofresidues, grease and stains.

• All kitchen cupboards should be cleaned and emptied of your food andbelongings.

• Fridges and freezers should be emptied of food, cleaned thoroughly,defrosted, switched off and doors left open.

• Bathrooms should be cleaned thoroughly and all sealant and groutingshould be free of staining or mould.

• All light bulbs should be present and in working order.

• All picture hooks, tacks, screws, nails or other fittings installed by youshould be removed and any damage made good.

• Gardens should be in a well-maintained condition for the time of year,lawns should be cut and all garden implements should be clean and inworking order.



6.2 GUIDANCE NOTES FOR TENANTS VACATING A PROPERTY(continued)

• Any missing or damaged items should be replaced to match.

• Utility companies and local authorities should be contacted by you withmeter readings on the final day of your tenancy.

• All mail received addressed to you after you have vacated the propertywill be returned to sender.

Thank you for your co-operation.



6.3 NOTICE RECEIVED BUT INSUFFICIENT NOTICE PERIOD GIVEN


020 7394 4040


Date: 31 May 2010

Dear A. Tenant


I am writing to confirm that your offer of Notice in respect of the above-named property has been received. However, the date that you have offeredto terminate your tenancy cannot be accepted for the following reason:

You are required to give one month’s notice to terminate your tenancy.

I therefore take this opportunity to advise you that the final day of yourtenancy will be:

30 June 2010.

I have enclosed a set of ‘Guidance Notes for Tenants Vacating a Property’ toassist you in completing the required procedure and kindly request that youcontact me at your earliest convenience to arrange a time to complete acheck-out with you on the day.

I may require access to your property in order to carry out viewings withprospective new tenants and I will contact you in advance with anyappointments.

I look forward to hearing from you.

Yours sincerely




6.4 NOTICE RECEIVED BUT DATE UNACCEPTABLE DUE TO FIXED TERM


020 7394 4040


Date: 1 May 2010

Dear A. Tenant


I am writing to confirm that your offer of Notice in respect of the above-named property has been received. However, the date that you have offeredto terminate your tenancy cannot be accepted for the following reason:

You are currently held on a fixed-term tenancy agreement that doesn’t expireuntil 31 July 2010 and your tenancy agreement does not contain a breakclause.

If you wish to vacate before the end of the term, you will be responsible forthe rent until a new tenant can be found, plus my reasonable costs.Alternatively, if you can suggest a new tenant to take your place, I will agreeto the early termination of your tenancy, subject to the replacement tenantsatisfying my referencing requirements and agreeing to take on a tenancy ofthe property for a period not less than the remainder of your fixed term.

Please let me know whether you still wish to vacate on the date given in yourNotice. If you wish to propose a replacement tenant, please ask him tocontact me at the above address.

Thank you for your co-operation.

Yours sincerely




6.5 INDIVIDUAL NOTICE ON A JOINT TENANCY


020 7394 4040


Date: 1 March 2010

Dear A. Tenant


I am writing to confirm that your offer of Notice in respect of the above-named property has been received.

As you are currently signed to a tenancy agreement that holds all tenantsjoint and severally liable, in this case your Notice can only be accepted on thefollowing terms:

• Those tenants that wish to remain at the property must offer to take thetenancy on in full and agree to release those who want to leave. This issubject to conditions, however, and may involve re-referencing ofremaining tenants to ensure that financial abilities to maintain the levelof rent can be achieved.

Or

• You may wish to find new tenants to replace those who would like toleave and I ask that if this is the case you present new prospectivetenants so that referencing procedures can take place. New tenants willonly be accepted if they fulfil the required referencing criteria.

I take this opportunity to advise you that no tenants can be released from thetenancy agreement until the above has taken place and a new tenancyagreement has been signed by all parties. Note that until a new tenancyagreement has been signed, all existing tenants will remain liable for the rentwhether or not they are actually living at the property.

Please do not hesitate to contact me should you wish to discuss this matterfurther.

Yours sincerely




6.6 ALL TENANTS MUST GIVE NOTICE AND VACATE


020 7394 4040


Date: 1 March 2010

Dear A. Tenant


I am writing to confirm that your offer of Notice in respect of the above-named property has been received. However, I am unable to accept the offerto terminate the tenancy for the following reason:

You are currently signed to a tenancy agreement that holds all tenants joint andseverally liable, which means that you must all give notice together to terminatethe property.

As you are a joint tenant, unless all the tenants vacate the property at thesame time, you will all remain liable for the rent under the tenancyagreement that you signed, whether or not you are actually living at theproperty.


Yours sincerely




6.7 CHANGE OF TENANT/S WITH REPLACEMENT/S


020 7394 4040


Date: 1 March 2010

Dear A. Tenant


Further to your recent correspondence, I understand that you wish to makechanges to those named on your tenancy agreement.

My records show that A. Tenant wishes to vacate the property and that youhave a replacement tenant known as A. Tenant 2 who would like to make anapplication.

Please therefore find enclosed Tenancy Application Forms for all remainingand all new tenants in respect of the above.

Also enclosed is a Change of Tenant/s with Replacement/s Form which needsto be completed by all new and existing tenants.

I kindly request that you return the enclosed documents as soon as possiblein order that the application can be processed.


Yours sincerely




6.8 CHANGE OF TENANT/S FORM WITH REPLACEMENT/S

Property address: _________________________________________________

________________________________________________________________

________________________________________________________________

Current tenant/s:__________________________________________________

________________________________________________________________

It is hereby agreed that we, the above named, accept that the following

tenant/s: ________________________________________________________

________________________________________________________________

Wish/es to vacate the property on: ___________________________________

And for new tenant/s named: _______________________________________

________________________________________________________________

To make a tenancy application.

We understand that all remaining and new tenants are required to complete

an application procedure for the new tenancy and we agree that the

outgoing tenant/s cannot be released from the existing contract until such

time as all references have been received with satisfactory information, all

rent is paid up to date, a new tenancy agreement has been signed by all

tenants and this form has been signed and returned to the landlord.

A check-out cannot take place in between the tenancies and we therefore

agree to acquit the outgoing tenant/s from any claims whatsoever that may

arise in this and any other matters. The deposit will continue to be held in full

and, if necessary, we agree to settle any balances with the outgoing tenant/s

for monies that they may have paid at the commencement of the existing

tenancy.

Signed by all existing tenants: _______________________________________

________________________________________________________________

________________________________________________________________

Signed by all tenants: ______________________________________________

________________________________________________________________

________________________________________________________________

Date: ___________________________________________________________



6.9 CHANGE OF TENANT/S WITHOUT REPLACEMENT/S


020 7394 4040


Date: 1 March 2010

Dear A. Tenant


Further to your recent correspondence, I understand that you wish to makechanges to those named on your tenancy agreement.

Our records show that A. Tenant 2 wishes to vacate the property and that A.Tenant 1 and A. Tenant 3 would like to take on the tenancy in their name only.

Please therefore find enclosed a ‘Tenancy Application Form’ for the remainingtenants in respect of the above.

Also enclosed is a ‘Change of Tenant Without Replacement Form’, whichneeds to be completed by all of the tenants.

I kindly request that you return the enclosed documents as soon as possiblein order that the application can be processed.


Yours sincerely




6.10 CHANGE OF TENANT/S FORM WITHOUT REPLACEMENT/S


________________________________________________________________

________________________________________________________________

Current tenant/s:__________________________________________________

________________________________________________________________

It is hereby agreed that we, the above named, accept that the following

tenant/s: ________________________________________________________

________________________________________________________________

Wish/es to vacate the property on: ___________________________________

And that the remaining tenant/s wishes to take the property on without

replacements.

We understand that all remaining tenants are required to complete an

application procedure for the new tenancy and we agree that the outgoing

tenant/s cannot be released from the existing contract until such time as all

references have been received with satisfactory information, all rent is paid

up to date, a new tenancy agreement has been signed by all tenants and this

form has been signed and returned to the landlord.

A check-out cannot take place in between the tenancies and we therefore

agree to acquit the outgoing tenant/s from any claims whatsoever that may

arise in this and any other matters. The deposit will continue to be held in full

and, if necessary, we agree to settle any balances with the outgoing tenant/s

for monies that they have paid at the commencement of the existing

tenancy.

Signed by all existing tenants: _______________________________________

________________________________________________________________

________________________________________________________________

Date: ___________________________________________________________



6.11 MUTUAL RELEASE OF TENANCY


________________________________________________________________

________________________________________________________________

It is hereby agreed between:

____________________________________________________(the landlord)

And:

______________________________________________________(the tenant)

That the tenancy agreement in respect of the above-named property which

began on:

________________________________________________________________

Shall be terminated on:

________________________________________________________________

And that both parties will acquit each other of any claims whatsoever in

respect of the previous tenancy on the following conditions:

• Rent due has been settled by the tenant up to the date of the

agreement.

• The property is returned to the landlord without damage and there is no

cause for the landlord to make financial claims against the tenant for

breach of tenancy. (If a financial claim is to be made by the landlord, the

sum shall not be limited by the amount held as deposit.)

Signed by the landlord: ____________________________________________

Signed by the tenant/s: ____________________________________________

________________________________________________________________

________________________________________________________________

In the presence of (witness): ________________________________________

________________________________________________________________

________________________________________________________________

Name and address of witness: _______________________________________

________________________________________________________________

________________________________________________________________



6.12 NOTICE OF INTENTION TO RECLAIM POSSESSION OF ANABANDONED PROPERTY

Date: ___________________________________________________________

Name of tenant/s: _________________________________________________

________________________________________________________________

________________________________________________________________


________________________________________________________________

________________________________________________________________

As landlord of this property, I/we believe that the current tenant has vacated

without giving notice and I/we therefore intend to take back possession.

I/we have visited the property today and found it to be unoccupied.

The locks have been changed for security reasons and if the tenant should

return within the notice period given below, keys will be available at our

address.

If anyone has information relating to the tenant’s whereabouts, please

contact me/us before the expiry of this notice.

If the tenant does not return within the notice period given below, I/we will,

as landlord/s of this property, take back possession and assume that the

tenant has given up the property.

If the tenant does return within the notice period given below, he will have

rights to regain entry to the property and take possession.

Name: __________________________________________________________

Address:_________________________________________________________

________________________________________________________________

Tel: _____________________________________________________________

Name of witness: _________________________________________________

Signature of witness: ______________________________________________

Date I/we plan to reclaim possession: _______________________________


landlord's letters sample chapter - lawpack - legal forms online

Documents